Zhang v. Aterian, Inc. et al
| Shaoxuan Zhang |
| Yaniv Sarig, Fabrice Hamaide, Arturo Rodriguez, Bari Harlam, William Kurtz, Greg Petersen, Amy von Walter, Bari A. Harlam and Greg B. Petersen |
| Aterian, Inc. |
| Tyler Magnus and Michael Sheller |
| Tomer Pascal, Mihal Chaouat-Fix, Roi Zion Zahut and Joseph A. Risico |
| 1:2021cv08657 |
| October 21, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Stockholders Suits |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE OF APPEARANCE by Matteo Joshua Rosselli on behalf of Fabrice Hamaide..(Rosselli, Matteo) |
| Filing 23 NOTICE OF APPEARANCE by Ralph M. Stone on behalf of Michael Sheller..(Stone, Ralph) |
| Filing 22 NOTICE OF APPEARANCE by Jonathan L. Adler on behalf of Fabrice Hamaide..(Adler, Jonathan) |
| Filing 21 NOTICE OF APPEARANCE by Noam Besdin on behalf of Fabrice Hamaide..(Besdin, Noam) |
Filing 20
STIPULATION AND ORDER APPOINTING LEAD COUNSEL: WHEREFORE, the Parties, through their undersigned counsel, hereby agree, stipulate, and respectfully request that the Court enter an order as follows: Johnson Fistel, LLP shall serve as Lead Counsel for Plaintiffs in the Consolidated Derivative Action. Lead Counsel shall have authority to speak for Plaintiffs in matters regarding pre-trial and trial procedure and settlement negotiations and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of the Consolidated Derivative Action and to avoid duplicative or unproductive efforts. Defendants' counsel may rely upon all agreements made with Lead Counsel, and such agreements shall be binding on all Plaintiffs Nominal defendant Aterian and all Defendants in Zhang v. Aterian, Inc., et al., Case No. 1:21-cv-08657, accept service of the summons and complaints filed in the Consolidated Derivative Action through their undersigned counsel. Lead Counsel and Defendants shall meet and confer and submit a proposed schedule of proceedings within thirty (30) days after entry of this Order. Defendants are not required to answer or otherwise respond to the respective complaints filed in the Consolidated Derivative Action until the date set forth in the order by the Court on the schedule proposed by Lead Counsel and Defendants in accordance with paragraph 6 herein. All other provisions as further set forth in this order. So Ordered (Signed by Judge Victor Marrero on 11/18/2021) (js)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Michael Sheller..(Stone, Ralph) |
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Filing 18
ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is respectfully requested to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the lower numbered case, 21 Civ. 8657; and it is further ORDERED that the Clerk of Court close the referenced higher numbered case, 21 Civ. 9301, as a separate action and remove it from the Court's docket. SO ORDERED. (Signed by Judge Victor Marrero on 11/16/2021) (jca)
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Filing 17
ORDER EXTENDING RESPONSE DEADLINE re: #15 Proposed Stipulation and Order filed by Aterian, Inc.. The Parties request (Dkt. No. 15) to extend Defendant Aterian's deadline to answer or otherwise respond to the Zhang Complaint by three (3) weeks to December 6, 2021 is GRANTED. Aterian, Inc. answer due 12/6/2021. (Signed by Judge Victor Marrero on 11/12/2021) (kv)
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| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aterian, Inc...(Crowell, Aaron) |
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Aterian, Inc...(Zaur, Isaac) |
| Filing 14 NOTICE OF APPEARANCE by Isaac Berkman Zaur on behalf of Aterian, Inc...(Zaur, Isaac) |
| Filing 13 NOTICE OF APPEARANCE by David C Kimball-Stanley on behalf of Aterian, Inc...(Kimball-Stanley, David) |
| Filing 12 NOTICE OF APPEARANCE by Royce Liverant Zeisler on behalf of Aterian, Inc...(Zeisler, Royce) |
| Filing 11 NOTICE OF APPEARANCE by Aaron Hayes Crowell on behalf of Aterian, Inc...(Crowell, Aaron) |
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Filing 10
ORDER DECONSOLIDATING SHAREHOLDER DERIVATIVE ACTIONS FROM RELATED SECURITIES CLASS ACTION, REOPENING DERIVATIVE ACTIONS, AND CONSOLIDATING DERIVATIVE ACTIONS: Accordingly, it is HEREBY ORDERED THAT: The Zhang Action, captioned Zhang v. Aterian, Inc., et al., Case No. 1:21- cv-08657, is hereby deconsolidated from the Securities Class Action, captioned Nolff, et al. v. Aterian, Inc., et al., Case No. 1:21-cv-04323; The Zhang Action, captioned Zhang v. Aterian, Inc. et al., Case No. 1:21- cv-08657, is hereby reopened as an active matter before the Court; The Sheller Action, captioned Sheller v. Aterian, Inc., et al., Case No. 1:21- cv-08733, is hereby deconsolidated from the Securities Class Action, captioned Nolff, et al. v. Aterian, Inc., et al., Case No. 1:21-cv-04323; The Sheller Action, captioned Sheller v. Aterian, Inc., et al., Case No. 1:21- cv-08733, is hereby reopened as an active matter before the Court for the limited purpose of the entry of this Order; The above-captioned Zhang Action and Sheller Action are consolidated for all purposes; All filings in connection with the consolidated derivative action shall be docketed against the lower numbered case, Case No. 1:21-cv-08657; and Following the consolidation of the Zhang Action and the Sheller Action, the referenced higher numbered case, 1:21-cv-08733, shall be closed and removed from the Court's docket. So Ordered. (Signed by Judge Victor Marrero on 11/3/2021) (js) Modified on 11/3/2021 (js). (Main Document 10 replaced on 11/3/2021) (js).
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| Filing 9 LETTER MOTION to Reopen Case addressed to Judge Victor Marrero from Ralph M. Stone and Timothy Brown dated 11/1/2021. Document filed by Shaoxuan Zhang. (Attachments: #1 Text of Proposed Order [Proposed] Order Deconsolidating Shareholder Derivative Actions from Related Securities Class Action, Reopening Derivative Actions, and Consolidating Derivative Actions).(Stone, Ralph) |
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Filing 8
ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is respectfully requested to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the lower numbered case, 21 Civ. 4323; and it is further ORDERED that the Clerk of Court close the referenced higher numbered case, 21 Civ. 8657, as a separate action and remove it from the Court' docket. So Ordered. (Signed by Judge Victor Marrero on 10/26/2021) Filed In Associated Cases: 1:21-cv-04323-VM, 1:21-cv-08657-VM (js)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-04323-VM. (js) |
| Filing 7 SUMMONS RETURNED EXECUTED. Aterian, Inc. served on 10/25/2021, answer due 11/15/2021. Service was accepted by Litigation Management Representative, Corporation Service Company. Document filed by Shaoxuan Zhang..(Brown, Timothy) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-04323-VM. Notice of Assignment to follow. (aea) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Aterian, Inc., Fabrice Hamaide, Bari A. Harlam, William Kurtz, Greg B. Petersen, Arturo Rodriguez, Yaniv Sarig, Amy von Walter. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy William Brown. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy William Brown. The party information for the following party/parties has been modified: Shaoxuan Zhang; Bari A. Harlam; Greg B. Petersen. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| CASE REFERRED TO Judge Victor Marrero as possibly related to 1:21cv4323. (sj) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-4323. Document filed by Shaoxuan Zhang..(Brown, Timothy) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Yaniv Sarig, Fabrice Hamaide, Arturo Rodriguez, Bari A. Harlam, William Kurtz, Greg B. Petersen, Amy von Walter, and Aterian, Inc., re: #1 Complaint. Document filed by Shaoxuan Zhang..(Brown, Timothy) |
| Filing 3 RELATED CASE AFFIDAVIT of Timothy Brown re: that this action be filed as related to 21-cv-04323. Document filed by Shaoxuan Zhang..(Brown, Timothy) |
| Filing 2 CIVIL COVER SHEET filed..(Brown, Timothy) |
| Filing 1 COMPLAINT against Aterian, Inc., Fabrice Hamaide, Bari Harlam, William Kurtz, Greg Petersen, Arturo Rodriguez, Yaniv Sarig, Amy von Walter. (Filing Fee $ 402.00, Receipt Number ANYSDC-25229861)Document filed by Shaoxuan Zhang..(Brown, Timothy) |
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